Orissa

Jagatsinghapur

CC/3/2021

Sumitra Sahoo - Complainant(s)

Versus

Reliance Nippen life Insurance Co.Ltd - Opp.Party(s)

Mr.Mr.P.K.Nayak

25 Nov 2022

ORDER

                                                                                           JUDGMENT

 

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to pay the insurance claim of Rs.1,57,890/-  and other benefits as per terms and conditions of the policy with interest up to date of payment and pay a sum of Rs.1,00,000/- towards mental agony and cost of the litigation”.

            The brief fact of the complainant is that, the deceased husband of the complainant namely Deepak Kumar Sahoo was a consumer under the opposite parties and opened Reliance Nippon Life Guaranteed Money Back policy by depositing an yearly premium of Rs.15,675/- and obtained the receipt so also the policy bond on 05.8.2020. The present complainant was nominated as his nominee. In the mean time the husband of the complainant died on 20.8.2020 suffering from covid-19 disease and the complainant obtained death certificate from the Cuttack Municipal Corporation. After death of husband the complainant being the nominee of the deceased policy holder submitted the claim application with all relevant papers for settlement of the claim but the opposite party No.1 by practicing unfair trade practice and in order to harass the complainant remained silent for which the complainant suffered great mental agony.

            Notice was issued to opposite parties vide Regd. Post on 01.02.2021 and failed to appear then they were set ex-parte on 13.5.2022.

            The advocate for the complainant is absent on call on 06.6.2022 and 07.7.2022. The complaint has deposited of Rs.15,675/- towards the yearly premium on 05.8.2020 towards policy No.53754594 unfortunately the husband of the complainant expired on 20.8.2020 suffering Covid-19. Though the complainant has submitted the documents and also sent an advocate notice, there is no response from the opposite parties. The complainant is a young girl of 23 years has lost her husband and waiting to get the insurance amount. The very purpose of insurance is to tide over the situation after the death of braide earner. Though the complainant has submitted the documents in spite of notice, the opposite parties are callous to the notice, which goes to show that the opposite parties are only interested to collect the money and not to pay the legally entitles due to the insure person/successor.

            Not giving any reply to the claim application, advocate notice, and notice of this Commission, clearly shows that the opposite parties do not care the notice of this Commission.

            The opposite parties have received the premium on 05.8.2020 and husband of the complainant expired on 20.8.2020 and the complainant has submitted her claim on 20.9.2020 but to no effect. We therefore held that opposite parties are liable for deficiency in service and unfair trade practice.

            We therefore allow the consumer complaint directing the opposite parties to release the death claim of Rs.1,57,890/- with 10% compound interest from the date of death till the date of payment. The order is to be carried out within a period of 45 days from the date of receipt of this order, failing which the opposite parties shall pay Rs.100/- per day till the date of payment. We also award cost of Rs.10,000/- towards mental agony and Rs.3,000/- towards cost of litigation. Send a copy of the order to complainant. With the aforesaid observation and direction the consumer complaint is disposed of.